Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90491598

Filing Date: 01/27/2021

To the Commissioner for Trademarks:

MARK: DUKAL (stylized and/or with design, see mark)
The literal element of the mark consists of DUKAL. The mark consists of the word "Dukal" in lower case letters except for the initial capital D, preceded by a shield with a cut-out extending from the sides to the center.
The applicant, Dukal Corporation, a corporation of New York, having an address of
      2 Fleetwood Court
      Ronkonkoma, New York 11779
      United States
      XXXX

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class 003:  wipes impregnated with a skin cleanser; pre-moistened cosmetic towelettes; cotton for cosmetic purposes; cotton sticks for cosmetic purposes; spa treatment kits, namely, kits containing skin and facial creams, lotions and gels, and pre-moistened cosmetic wipes; hair care products, namely, shampoo, hair cleaning preparations, hair conditioner and hair rinses; skin care products, namely, skin cleanser; beauty care products, namely, nail softeners and nail repair preparations; body oil, hand lotion, liquid skin soap, denture cleaning preparations in the form of tablets, perineal wash, namely, non-medicated douching preparations, toothpaste, deodorant for personal use and barrier creams in the nature of skin creams
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 005:  wipes impregnated with a skin cleanser; pre-moistened cosmetic towelettes; cotton for cosmetic purposes; cotton sticks for cosmetic purposes; adhesive tape for medical purposes; burn dressings; cotton sticks for medical purposes; medical products, namely, surgical dressings, gauze for dressings, adhesive plasters, adhesive bandages, adhesive tapes, prepared bandages for dressings, gauze bandages for surgical and medical use, footcare products, namely, foot plasters for medical purposes, felt pads for medical purposes and foam pads for medical purposes, namely, felt pads and foam pads for use with wounds, either alone, or with medical dressings, to help absorb ointment/solution for the wound, corn plasters, bunion plasters, and antifriction pads to prevent pain and abrasion on pressure points, such as the heel, by providing padding, and nutritional supplements; wound care products and medical supplies, namely, adhesive strips for closing wounds or incisions, wound dressings, wound closure bandages, gauze bandages; medicated disposable wipes impregnated with moisturizers and germicides; and wound dressings in the nature of sponges and sterile pads; medicated pre-moistened towelettes; pre-moistened towelettes with disinfecting preparations used for sanitary purposes; cotton for medical purposes; applicators for medical purposes for use in applying ointments and liquids to the skin, namely, cotton tip applicators made of wood or plastic shaft; burn dressings; cotton sticks for medical purposes; adhesive tapes and bandages for veterinary use; antiseptic preparations; isopropyl alcohol for medical use
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 009:  digital timers and linen tape measures; light pens; medical weighing scales
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 010:  surgical caps, gowns, masks, scrub suits and shoe covers; speculums; surgical sponges; surgical abdominal towels for medical use; surgical dissectors; tongue depressors; portable breathing device comprising an oval mouthpiece and extended plastic tube; elastic bandages, plaster casts and support bandages for orthopedic purposes for use under splints; medical diagnostic equipment, namely, stethoscopes, sphygmomanometers and eye charts; and sundry medical items, namely, alcohol dispensers for medical use in the nature of plastic containers filled with rubbing alcohol which offer a variety of dispensing options for the care practitioner; fracture kits, comprised of weatherproof nylon carry bag, one adult arm splint, one adult leg splint, one child arm splint, one child leg splint and one arm/shoulder immobilizer; linen tape measures used for body measurement, wound measurement and water retention measurement; eye testing machines and apparatus comprised of metal cabinet with baked enamel finish, carry handle and power cord; first aid kit containing sterile adhesive bandages, sterile gauze bandages, gauze pad, absorbent cotton, adhesive tape, and antiseptic unit; surgical scrub tops, pants and hats; otoscopes and covers therefor, namely, a disposable plastic sheath that goes over the permanent end of the otoscope; blood pressure monitors; medical endoscopes; thermometers for medical use; walkers to aid in mobility; crutches; pill and tablet cutters and crushers; medical apparatus, namely, continuous positive airway pressure (cpap) devices; medical diagnostic kits containing otoscopes and ophthalmoscopes
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 016:  envelopes; paper for medical examination tables
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 020:  display racks for sundry jars, glove dispensers and other medical equipment; commercial dispensers for pills sold empty
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 021:  personal dispensers for pills for domestic use; glass sundry jars for storing medical supplies; plastic medications containers sold empty for commercial use; bath products, namely, body sponges and loofah sponges; cloths for cleaning; applicators for skin and facial lotions and creams
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 024:  disposable bed linens; disposable bed blankets; textile wash cloths; disposable towels; towels, namely, thermal wraps in the nature of towels used to maintain body heat during full body treatments
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 025:  disposable robes, headbands and undergarments; lab coats; scrub tops and pants not for surgical purposes
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2142612, 4021736, 4426563, and others.


The owner's/holder's proposed attorney information: Douglas A. Miro, Esq.. Other appointed attorneys are Daniel Ebenstein, Philip H. Gottfried, Neil M. Zipkin, Anthony F. Lo Cicero, Kenneth P. George, Chester Rothstein, Charles R. Macedo, Brian Comack, Max Vern, Holly Pekowsky, Douglas A. Miro, Charles P. LaPolla, Richard S. Mandaro, Marc J. Jason, Matthieu Hausig, Alan Miller, Marion Metelski, Suzue Fujimori, Brian Amos, Hajime Sakai, David P. Goldberg, Keith J. Barkaus, Michael R. Jones, Christopher Lisiewski and Albert J. Boardman, Chandler Sturm, Olivia Harris. Douglas A. Miro, Esq. of Amster, Rothstein & Ebenstein LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      21st Floor
      90 Park Avenue
      New York, New York 10016
      United States
      212-336-8000(phone)
      212 336 8001(fax)
      ptodocket@arelaw.com
The docket/reference number is 30930/76.
Douglas A. Miro, Esq. submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Douglas A. Miro, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: ptodocket@arelaw.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $3150 has been submitted with the application, representing payment for 9 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce and was in use in commerce as of the filing date of the application on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in connection with the goods/services in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Douglas A. Miro, Esq./   Date: 01/27/2021
Signatory's Name: Douglas A. Miro, Esq.
Signatory's Position: attorney of record; New York State Bar member
Signatory's Phone Number: 212-336-8000
Signature method: Signed directly within the form
Payment Sale Number: 90491598
Payment Accounting Date: 01/27/2021

Serial Number: 90491598
Internet Transmission Date: Wed Jan 27 11:45:42 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202101271145428
95516-90491598-76052ea398b1a56ce4bf53a08
1798f41ddeaf52c7cbfefe72384251b8ad4b162e
-CC-45410584-20210127112139647481